Section 173-B:1 – Definitions.
173-B:1 Definitions. – In this chapter: I. " Abuse " means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through (h) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible […]
Section 173-B:2 – Jurisdiction and Venue.
173-B:2 Jurisdiction and Venue. – I. The district division and the judicial branch family division of the circuit courts shall have concurrent jurisdiction over all proceedings under this chapter. II. If the plaintiff has left the household or premises to avoid further abuse, the plaintiff shall have the option to commence proceedings pursuant to […]
Section 173-B:3 – Commencement of Proceedings; Hearing.
173-B:3 Commencement of Proceedings; Hearing. – I. Any person may seek relief pursuant to RSA 173-B:5 by filing a petition, in the county or district where the plaintiff or defendant resides, alleging abuse by the defendant. Any person filing a petition containing false allegations of abuse shall be subject to criminal penalties. Notice of […]
Section 173-B:4 – Temporary Relief.
173-B:4 Temporary Relief. – I. Upon a showing of an immediate and present danger of abuse, the court may enter temporary orders to protect the plaintiff with or without actual notice to defendant. The court may issue such temporary orders by telephone or facsimile. Such telephonically issued orders shall be made by a circuit […]
Section 173-B:5 – Relief.
173-B:5 Relief. – I. A finding of abuse shall mean the defendant represents a credible threat to the safety of the plaintiff. Upon a showing of abuse of the plaintiff by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of abuse. Such relief […]
Section 173-B:5-a – Permissible Contact.
173-B:5-a Permissible Contact. – I. A protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under […]
Section 173-B:6 – Guardian Ad Litem.
173-B:6 Guardian Ad Litem. – In all proceedings under this chapter, the court may appoint a guardian ad litem to represent the interests of the children of either or both parties. The guardian ad litem may continue to serve after the final disposition of the case. Source. 1999, 240:3, eff. Jan. 1, 2000.